[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Proposed Rules]
[Pages 26329-26331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10743]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-280-AD]
RIN 2120-AA64


Airworthiness Directives; Fokker Model F.28 Mark 0070 and 0100 
Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to all Fokker Model F.28 Mark 
0070 and 0100 series airplanes, that currently requires revising the 
Airworthiness Limitations section of the Instructions for Continued 
Airworthiness to incorporate life limits for certain items and 
inspections to detect fatigue cracking in certain structures. This 
action would require revising the Airworthiness Limitations section of 
the Instructions for Continued Airworthiness to incorporate updated 
Airworthiness Limitation Items, Safe Life Items, and Certification 
Maintenance Requirements. The actions specified by the proposed AD are 
intended to ensure the structural integrity of the airplane by ensuring 
that fatigue cracking of certain structural elements is detected and 
corrected in a timely manner. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by June 11, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-280-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-280-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Fokker Services B.V., P.O. Box 231, 2150 AE Nieuw-Vennep, 
the Netherlands. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1137; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-280-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2002-NM-280-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On October 22, 2001, the FAA issued AD 2001-21-04, amendment 39-
12475 (66 FR 54656, October 30, 2001), applicable to all Fokker Model 
F.28 Mark 0070 and 0100 series airplanes, to require revising the 
Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness to incorporate life limits for certain items 
and inspections to detect fatigue cracking in certain structures. That 
action was prompted by issuance of mandatory continuing airworthiness 
information by the Civil Aviation Authority--The Netherlands (CAA-NL), 
which is the airworthiness authority for The Netherlands. The 
requirements of that AD are intended to ensure that fatigue cracking of 
certain structural elements is detected and corrected. Such fatigue 
cracking could

[[Page 26330]]

adversely affect the structural integrity of the affected airplanes.

Explanation of Relevant Service Information

    Fokker Services B.V. has issued Issue 2 of Report SE-623, ``Fokker 
70/100 Airworthiness Limitation Items and Safe Life Items,'' dated 
September 1, 2001, of the Fokker 70/100 Maintenance Review Board (MRB) 
document. (The existing AD requires incorporation of the original issue 
of Report SE-623, dated June 1, 2000, into the ALS of the Instructions 
for Continued Airworthiness.) Issue 2 of Report SE-623 updates certain 
Airworthiness Limitations Items (ALIs) and Safe Life Items (SLIs). (The 
items in this report are now contained in Section 6 of the Fokker 70/
100 MRB document, Revision 10, dated October 1, 2001.)
    Fokker Services B.V. has also issued Issue 5 of Report SE-473, 
``Fokker 70/100 Certification Maintenance Requirements,'' dated July 
16, 2001, of Appendix 1 of the Fokker 70/100 Maintenance Review Board 
(MRB) document. Report SE-473, Issue 5, contains the Certification 
Maintenance Requirements (CMRs) for systems on Fokker Model F.28 Mark 
0070 and 0100 series airplanes. (The items in this report are now 
contained in Section 6 of the Fokker 70/100 MRB document, Revision 10.)
    The CAA-NL classified Reports SE-623, Issue 2, and SE-473, Issue 5, 
as mandatory, and issued Dutch airworthiness directive BLA 2002-062, 
dated May 31, 2002, to ensure the continued airworthiness of these 
airplanes in the Netherlands.

FAA's Conclusions

    These airplane models are manufactured in the Netherlands and are 
type certificated for operation in the United States under the 
provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 
21.29) and the applicable bilateral airworthiness agreement. Pursuant 
to this bilateral airworthiness agreement, the CAA-NL has kept the FAA 
informed of the situation described above. The FAA has examined the 
findings of the CAA-NL, reviewed all available information, and 
determined that AD action is necessary for products of this type design 
that are certificated for operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would supersede AD 2001-21-04 to 
continue to require revising the ALS of the Instructions for Continued 
Airworthiness to incorporate life limits for certain items and 
inspections to detect fatigue cracking in certain structures. The 
proposed AD also would require revising the Airworthiness Limitations 
section of the Instructions for Continued Airworthiness to incorporate 
updated ALIs, SLIs, and CMRs. The actions would be required to be 
accomplished in accordance with Report SE-623, ``Fokker 70/100 
Airworthiness Limitation Items and Safe Life Items,'' and Report SE-
473, ``Fokker 70/100 Certification Maintenance Requirements,'' 
described previously.

Changes to 14 CFR Part 39/Effect on the AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, we 
no longer need to include it in each individual AD. Therefore, Note 1 
and paragraph (d) of AD 2001-21-04 are not included in this AD, and 
paragraph (c) of AD 2001-21-04 has been revised and included as 
paragraph (f) of this AD.

Cost Impact

    There are approximately 74 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The ALS revision that is currently required by AD 2001-21-04 takes 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of this currently required action on U.S. operators is estimated 
to be $4,810, or $65 per airplane.
    The new actions that are proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $65 per work hour. Based on these figures, the cost 
impact of the proposed new requirement of this AD on U.S. operators is 
estimated to be $4,810, or $65 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted. The cost 
impact figures discussed in AD rulemaking actions represent only the 
time necessary to perform the specific actions actually required by the 
AD. These figures typically do not include incidental costs, such as 
the time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-12475 (66 FR 
54656, October 30, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Fokker Services B.V.: Docket 2002-NM-280-AD. Supersedes AD 2001-21-
04, Amendment 39-12475.

    Applicability: All Model F.28 Mark 0070 and 0100 series 
airplanes, certificated in any category.

[[Page 26331]]

    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that fatigue cracking of certain structural elements 
is detected and corrected, and to ensure the structural integrity of 
affected airplanes, accomplish the following:

Requirements of AD 2001-21-04

Airworthiness Limitations Revision

    (a) Within 30 days after December 4, 2001 (the effective date of 
AD 2001-21-04, amendment 39-12475), revise the Airworthiness 
Limitations section (ALS) of the Instructions for Continued 
Airworthiness by incorporating Report SE-623, ``Fokker 70/100 
Airworthiness Limitations Items and Safe Life Items,'' of Appendix 1 
of Fokker 70/100 Maintenance Review Board (MRB) document, dated June 
1, 2000.
    (b) Except as provided by paragraph (c) of this AD: After the 
actions specified in paragraph (a) of this AD have been 
accomplished, no alternative inspections or inspection intervals may 
be approved for the structural elements specified in the documents 
listed in paragraph (a) of this AD.

New Requirements of This AD

New Airworthiness Limitations Revision

    (c) Within 6 months after the effective date of this AD, revise 
the Airworthiness Limitations section (ALS) of the Instructions for 
Continued Airworthiness by incorporating Report SE-623, ``Fokker 70/
100 Airworthiness Limitations Items and Safe Life Items,'' Issue 2, 
dated September 1, 2001; and Report SE-473, ``Fokker 70/100 
Certification Maintenance Requirements,'' Issue 5, dated July 16, 
2001; into Section 6 of the Fokker 70/100 MRB document. (These 
reports are already incorporated into Fokker 70/100 MRB document, 
Revision 10, dated October 1, 2001.) Once the actions required by 
this paragraph have been accomplished, the original issue of Report 
SE-623, ``Fokker 70/100 Airworthiness Limitations Items and Safe 
Life Items,'' dated June 1, 2000, may be removed from the ALS of the 
Instructions for Continued Airworthiness.
    (d) If the requirements of paragraph (c) of this AD are 
accomplished within the compliance time specified in paragraph (a) 
of this AD, it is not necessary to accomplish the requirements of 
paragraph (a) of this AD.
    (e) After the actions specified in paragraph (c) of this AD have 
been accomplished, no alternative inspections or inspection 
intervals may be approved for the structural elements specified in 
the documents listed in paragraph (c) of this AD.

Alternative Methods of Compliance

    (f) In accordance with 14 CFR 39.19, the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA, is authorized 
to approve alternative methods of compliance for this AD.

    Note 1: The subject of this AD is addressed in Dutch 
airworthiness directive 2002-062, dated May 31, 2002.


    Issued in Renton, Washington, on May 5, 2004.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-10743 Filed 5-11-04; 8:45 am]
BILLING CODE 4910-13-P